Ignored the enforcement service: court allowed police to forcibly bring in the debtor
The Karlivka District Court of Poltava region considered a submission from the state enforcement officer regarding the application of a forced summons for a debtor who had long failed to appear upon calls from the state enforcement service and did not take actions to enforce the court decision. This was reported by the Karlivka District Court of Poltava region.
The matter under consideration was not about re-deciding the dispute or reviewing the ruling, but about ensuring the enforcement of a decision that has already come into legal force. The enforcement stage of court decisions is the final phase of judicial protection, and therefore the law provides a number of procedural mechanisms to respond to cases where debtors evade participation in enforcement proceedings.
As established by the court, the state enforcement service was handling enforcement proceedings to collect a fine of 34,000 hryvnias in favor of the state, imposed by a court ruling in an administrative offense case. These funds were to be paid to the local budget, i.e., the territorial community.
During the enforcement actions, the state enforcement officer properly sent summonses to the debtor by registered mail. However, the person did not appear before the enforcement service, did not provide reasons for absence, and the measures taken by the enforcement officer indicated the debtor was not present at the last known place of residence.
After evaluating the case materials, the court noted that the law grants the state enforcement officer the right to apply to the court for a forced summons if the debtor ignores summonses without valid reasons. This mechanism is provided for in Article 438 of the Civil Procedure Code of Ukraine and paragraph 14 of part three of Article 18 of the Law of Ukraine "On Enforcement Proceedings."
Examining the evidence presented, the court concluded that the debtor is not taking measures to enforce the court decision and without valid reasons does not appear before the state enforcement officer. Under these circumstances, the submission was granted.
The court ruling ordered the forced summons of the debtor to the state enforcement service, and the execution of this procedural action was entrusted to the relevant unit of the National Police.
"Evasion from participation in enforcement proceedings does not prevent the enforcement of a court decision. If the debtor ignores the lawful demands of the state enforcement officer, the law provides for the possibility of applying a forced summons as one of the procedural tools to ensure effective enforcement of court decisions," the court added.
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